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Home My WebLink AboutCU-11-03 - Decision - 1151 1153 Airport Drive#CU-11-03 AGENDA # 3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF BURLINGTON/ BIA - 1151 & 1153 AIRPORT DRIVE CONDITIONAL USE APPLICATION #CU-11-03 FINDINGS OF FACT AND DECISION Burlington International Airport, hereafter referred to as the applicant, is seeking after - the -fact conditional use approval to install a living wall to extend 13 feet in height, 1151 and 1153 Airport Drive. The Development Review Board held a public hearing on August 3, 2011. Michael Lawrence represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking after -the -fact conditional use approval to install a living wall to extend 13 feet in height, 1151 and 1153 Airport Drive. 2. The application was received on June 30, 2011. 3. The owner of record of the subject property is City of Burlington/ Burlington International Airport 4. The subject property is located in the Residential 4 Zoning District. 5. This application is to reapprove #CU-09-08 which expired due to the failure to obtain a zoning permit within six (6) months of its approval. 6. The plans submitted consist of a four (4) page set of plans, page one (1) entitled "Burlington International Airport South Burlington, Vermont 1151 & 1153 Airport Drive Key Plan", prepared by Michael Lawrence, dated August 24, 2009. 7. Pursuant to Section 13.17 of the South Burlington Land Development Regulations (SBLDR), a fence over eight (8) feet in height shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. Pursuant to Section 14.10(E) of the South Burlington Land Development Regulations, the proposed conditional use shall meet the following standards: 8. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\8.3.11 Meeting Decisions\CU-11- 03_ 1151 _1153AirportDrive_CityofBurl_B IA_ffd. doc #CU-11-03 AGENDA # 3 The fence is proposed to be used as an experimental sound buffer between the airport and the adjacent neighborhood. The wall as proposed is only 115 feet long at this time. This does not conflict with the planned character of the area and the existing uses in the area, but rather its intended purpose is to provide an aesthetic and functional barrier. 9. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The fence will be the only structure on the property at this time. The addition of the fence will not detract from that use or the stated purpose of the Residential 4 Zoning District. 10. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposal will not adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. While this is indeed a unique structure, the proposal is in keeping with the character of uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. There will be no increased traffic based on the installation of this fence. (d) Bylaws in effect. The fence as proposed will require a rear yard setback waiver of 10 feet; see below for a discussion on this item. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (0 General public health and welfare. The proposed fence will not have an adverse affect on general public welfare or the health of the surrounding public. Conversely, its very intent is to better the welfare of the adjacent neighbors. 11. Pursuant to Section 13.17 of the SBLDR, a fence over eight (8) feet in height shall be considered a structure subject to normal setback requirements for the zoning district, unless otherwise approved by the Development Review Board as a conditional use. 12. The proposed fence is 8 feet high on a 5 foot berm, for a total height of 13 feet and is proposed to be located twenty (20) feet from the rear yard property line. The setbacks in 2 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\8.3.11 Meeting Decisions\CU-11- 03_1151_1153AirportDnve_CityofBurl_BIA_ffd.doc f #CU-11-03 AGENDA # 3 the district require a ten foot setback to the side, and 30 feet to the rear. Therefore the applicant is seeking a rear yard setback waiver for the fence of ten (10) feet. The Board supports this waiver as the living wall is proposed to be placed in this location to maximize potential sound attenuation and minimize effects on existing trees on the property. DECISION Motion by Joe Randazzo, seconded by Bill Stuono, to approve Conditional Use Application #CU-11-03 of the City of Burlington/ BIA subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The Board approves a rear yard setback waiver for the fence of ten (10) feet. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the fence. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt — yea/nay/abstain/not present Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Joe Randazzo — yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 7 — 0 — 0 Signed this 15th day of August 2011, by Digitally signed by Mark C. Behr Mark C. Behr Arc cn=Mark, Behr, —Richard d Henry Behr Arch¢ect P C, ou, email=mark@rhbpc com, c=US Date 2011 08 15 16 07 28 -04'00' Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be 3 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DW8.3.11 Meeting Decisions\CU-11- 03_ 1151 _1153AirportDrive_CityofBurl_B IA_ffd. doc #CU-11-03 AGENDA # 3 mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vennontiudiciaEy.oreGTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or petmittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 4 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\8.3 11 Meeting Decisions\CU-11- 03_1151_1153AuportDrive_CityofBurl_BIA_ffd doc